Father (32) damaged car with baseball bat over alleged drug sale

Jul 8 2010 Hamilton Advertiser

A WHITEHILL yob smashed up a car with a baseball bat because he believed the driver had sold his son drugs, a court heard this week.

William Kirkwood, known to some people in the area as ‘Winky’, set about Mark Scott’s car after an argument in Whistleberry Drive on March 19.

The incident happened as Mr Scott returned to his girlfriend’s home nearby after a night out.

The accused’s lawyer, Raymond Ferguson, told Hamilton Sheriff Court this week that Kirkwood believed Mark Scott had sold Valium to his teenage son.

Money later went missing from the Kirkwood home in order to pay an alleged drug debt, added Mr Ferguson.

Kirkwood, of Whistleberry Crescent, was sentenced to six months’ imprisonment for the vandalism. The 32-year-old admitted striking the car with a baseball bat, with total disregard for the safety of Mr Scott and his partner Alexis Falconer, who was a passenger, and breaking car windows.

Fiscal depute Lynn Barker told the court that, at about 9pm on March 19, Kirkwood approached Mr Scott in the vehicle while it was parked in the street outside Ms Falconer’s home.

It was believed Kirkwood was under the influence of alcohol.

She said: “There was a short dialogue between the two males, during which they traded insults.

“Then the witness’s girlfriend came from the house and into the car.

“The couple then left the street, and drove to Hamilton, where they spent about two hours.”

Ms Barker said that when the pair returned to the street at around 11pm, they saw the accused in the street, shouting for their car to stop.

Ms Barker continued: “The vehicle then stopped. The accused was seen to take a baseball bat and strike the rear windshield of the vehicle.

“He then struck the rear passenger window, causing it to smash.”

The couple left the area and returned home, where Mr Scott contacted police.

He later identified Kirkwood from a picture shown to him by police.

Raymond Ferguson told the court that his client had also taken issue with Mr Scott after he allegedly almost knocked over Kirkwood’s infant child some weeks earlier.

He added that Kirkwood believed Mr Scott had sold his son Valium, which in turn resulted in money going missing from the family home.

It was stated that both matters were reported to the police at the time.

Mr Ferguson explained that Kirkwood told Mr Scott that he had no business in the area and that, if he saw him again, he would be “more forceful” in asking him to leave.

When Mr Scott returned that night, said Mr Ferguson, “matters came to a head”.

The accused lives with his long-term partner and seven children, said his lawyer.

Mr Ferguson said Kirkwood is looking to become more integrated with the local community by coaching a boys’ football team.

He added: “His criminal record is significant, but there have only been six offences since 2001.

“Indeed there has been a significant reduction in not only the rate of offending but also the nature and severity of his crimes. He is anxious to return to his family.”

Sheriff Douglas Brown said: “It is appropriate, given your record, that imprisonment is the only option. However, I can accept that there were significant mitigating circumstances.”

Kirkwood was jailed for six months, backdated to April 28.